If someone states as fact that the legal system is being used in bad faith in a particular case, they can metaphorically be on the other 'side' even if they aren't one of the parties involved.

This is because the legal system itself is the arbiter of whether it is being done in bad faith.

I don't believe a court has finally judged that Musk has used the system in bad faith, but Musk has argued that funnily enough: https://casetext.com/case/oareilly-v-musk